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Terms of Use (FO)
=PIXELATED GAMES TERMS OF SERVICE AGREEMENT= Effective: April 1st, 2010 This Terms of Service (“Terms”) is a legally binding agreement that governs your use of fantasy-mmorpg.com and/or the games and applications offered by Pixelated Games, LLC. (“Pixelated Games”) and accessed through third party web sites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms. 1. Access to the Service a) Subject to your acceptance of these Terms, Pixelated Games grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.b) Pixelated Games Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Pixelated Games had actual notice on the date of amendment.c) We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on www.fantasy-mmorpg.com or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at www.fantasy-mmorpg.com. You agree that you will, 1) periodically check www.fantasy-mmorpg.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.fantasy-mmorpg.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.d) Pixelated Games reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.e) You agree to be bound by any application, forum, or game specific rules published within the Service.f) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Pixelated Games’s copyrights in and to the Service. Pixelated Games reserves the right to terminate your access to the service without notice if you violate these Terms.g) You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms. 2. Content a) "Content" on the Service includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Service, as well as the design and appearance of our websites. Content may be provided by you or third parties, including other users of the Service. Pixelated Games does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to the Service. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Service. Pixelated Games reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in Pixelated Games' sole and final discretion. To the maximum extent permitted by applicable law, Pixelated Games does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content. b) You are solely responsible for your Content and may be held liable for Content that you post. c) You grant to Pixelated Games the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. 3. Ownership of Intellectual Property a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Pixelated Games and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Pixelated Games, the Pixelated Games logos, and all game names are trademarks of Pixelated Games and may not be used without the express written permission of Pixelated Games.b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Pixelated Games.d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Pixelated Games in connection with the use of the Service shall be the exclusive property of Pixelated Games. You agree that unless otherwise prohibited by law Pixelated Games may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you. 4. In-Game currencies/goods a) The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to gems, coins, cash, or points, that may be purchased from Pixelated Games for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Pixelated Games for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Pixelated Games or any other party.b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.c) Pixelated Games has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Pixelated Games shall have no liability to you or anyone for the exercise of such rights.d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Pixelated Games Service and possible legal action.e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Pixelated Games' sole and absolute discretion, or if Pixelated Games discontinues providing the Service.5. 'License to Use the Service' Subject to your compliance with these Terms, you may use the Service solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by Pixelated Games or its service providers and partners. You may not use the Service for any other purpose. This license is subject to certain limitations. Any use of the Service in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not: a) Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Pixelated Games experience to the detriment of fair play;b) Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Service or (ii) any other player's experience; c) Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;d) Exploit the Service or any of its parts for any commercial purpose;e) Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;f) Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Service, except to the extent permitted by applicable law; g) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;h) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; i) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; j) promote violence or describe how to perform a violent act;k) disguise the source of your Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;l) Pixelated Games does not control or endorse the content, messages or information found in Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Pixelated Games specifically disclaims any responsibility with regard thereto. 6. Privacy and Protection of Personal Information a) Pixelated Games respects the privacy of visitors to our games. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Pixelated Games. Please see Pixelated Games’s Privacy Policy at www.fantasy-mmorpg.com for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Pixelated Games collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of Pixelated Games' Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to privacy (at) fantasy-mmorpg.com. 7. Termination a) Pixelated Games may terminate any Pixelated Games Service at any time by giving you notice of such termination within the time period specified when you joined the particular Pixelated Games Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Pixelated Games Service.b) Pixelated Games may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of Pixelated Games Service, products, or Pixelated Games' Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, Pixelated Games may terminate all of your Accounts and all related entitlements. Pixelated Games may issue you a warning, or Pixelated Games may immediately terminate any and all Accounts that you have established. You acknowledge that Pixelated Games is not required to provide you notice before terminating your Account(s). If Pixelated Games terminates your Account, you may not participate in a Pixelated Games Service again without Pixelated Games' express permission. Pixelated Games reserves the right to refuse to keep Accounts for, and provide Pixelated Games Service to, any individual. You may not allow individuals whose Accounts have been terminated by Pixelated Games to use your Account.c) If your Account, or a particular subscription for an Pixelated Games Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Pixelated Games Service (such as gems, points, tokens or other digital items). 8. Update to the Service' a) PIXELATED GAMES MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF PIXELATED GAMES SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. Pixelated Games reserves the right to make these UPDATES and is not liable to you for these changes. 9. 'The Service is available "AS-IS"' The Service are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Service is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions. 10. Disclaimers; Limitations; Waivers of Liability a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER PIXELATED GAMES NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "PIXELATED GAMES PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE PIXELATED GAMES PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PIXELATED GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PIXELATED GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.c) UNDER NO CIRCUMSTANCES WILL THE PIXELATED GAMES PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PIXELATED GAMES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. 11. Indemnification a) Upon Pixelated Games' request, you agree to defend, indemnify and hold harmless Pixelated Games and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Pixelated Games Service. Without limiting the generality of the foregoing, you agree to indemnify and hold Pixelated Games harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of the Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Pixelated Games, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Service, including any Content that you contribute.b) Pixelated Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Pixelated Games in that matter. This Section shall survive termination of this Terms of Service. 12. Governing Law/Waiver of Injunctive Relief a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Washington governing contracts entered into and to be fully performed in Washington (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in King County, Washington, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in King County, Washington.b) You acknowledge that the rights granted and obligations made hereunder to Pixelated Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Pixelated Games and which cannot be replaced by monetary damages alone so that Pixelated Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any). c) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Pixelated Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. d) Binding Arbitration. If you and Pixelated Games are unable to resolve a Dispute through informal negotiations, either you or Pixelated Games may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Pixelated Games will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Pixelated Games may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.e) Restrictions. You and Pixelated Games agree that any arbitration shall be limited to the Dispute between Pixelated Games and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.f) Exceptions to Informal Negotiations and Arbitration. You and Pixelated Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Pixelated Games’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. 13. Waiver/Severability a) The failure of Pixelated Games to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Pixelated Games' right to assert or rely upon any such provision or right in that or any other instance.b) You and Pixelated Games agree that if any portion of these Terms, except any portion of section 10(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Pixelated Games will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the King County, State of Washington, United States of America, and you and Pixelated Games agree to submit to the personal jurisdiction of that court. 14. 'Entire Agreement' a) These Terms are the entire and exclusive agreement between Pixelated Games and you regarding the Service, and these Terms supersede and replace any prior agreements regarding the foregoing. 15. Complaints or Notices a) The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to Pixelated Games' Designated Agent listed below. For your notice to be effective, it must include the following information: i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii) A description of the copyrighted work that you claim has been infringed upon; iii) A description of where the material that you claim is infringing is located on this game; iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Source: http://www.fantasy-mmorpg.com/terms-of-service.php